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10 year Long Residency!! PLEASE HELP
Posted: Thu Apr 16, 2015 7:38 pm
by Ali272
One of my friends just told me that being on Tier 4 visa does not count towards the 10 year long residency. Is that true?
I am really scared. I have been here for 8 years, all on student visa (Tier 4) and I am planning to start my PhD this September. Will I be eligible for Long residency in second year of my PhD?
I have been outside the UK for only 3 months over the past 8 years and I have had no visa rejection.
2. Also, I have heard there is now a premium one day service, Is that true too?
Many Many Thanks
Re: 10 year Long Residency!! PLEASE HELP
Posted: Thu Apr 16, 2015 8:05 pm
by Zee ali
Ali272 wrote:One of my friends just told me that being on Tier 4 visa does not count towards the 10 year long residency. Is that true?
I am really scared. I have been here for 8 years, all on student visa (Tier 4) and I am planning to start my PhD this September. Will I be eligible for Long residency in second year of my PhD?
I have been outside the UK for only 3 months over the past 8 years and I have had no visa rejection.
2. Also, I have heard there is now a premium one day service, Is that true too?
Many Many Thanks
He is wrong
Yes
Re: 10 year Long Residency!! PLEASE HELP
Posted: Thu Apr 16, 2015 8:11 pm
by Malik44
Ali272 wrote:One of my friends just told me that being on Tier 4 visa does not count towards the 10 year long residency. Is that true?
I am really scared. I have been here for 8 years, all on student visa (Tier 4) and I am planning to start my PhD this September. Will I be eligible for Long residency in second year of my PhD?
Yes after completing lawful 10 years including Tier 4 you can apply ILR on long residency basis.
I have been outside the UK for only 3 months over the past 8 years and I have had no visa rejection.
2. Also, I have heard there is now a premium one day service, Is that true too?
yes its true you can take perineum service for long residency application.
Many Many Thanks
Re: 10 year Long Residency!! PLEASE HELP
Posted: Thu Apr 16, 2015 8:43 pm
by Ali272
Thank you so much to both of you.
Re: 10 year Long Residency!! PLEASE HELP
Posted: Thu Apr 16, 2015 9:18 pm
by sud315
Don't stress yourself just from hearing some incorrect advise from friends.
1. You can certainly apply during your Phd and good luck for both!
Its lawful continuous residence of 10 years - can combine different categories
2. Yes premium 1 day service is available, lucky you!
10 Year Route. PLEASE HELP.
Posted: Sun Apr 26, 2015 10:03 am
by Ali272
Hi,
I have a question regarding 10 year route please. Does my time on Tier 1 graduate entrepreneur counts towards my 10 year? In the Tier 1 gradate entrepreneur’s guidance; it says you cannot apply for settlement on this visa. I am really worried. Please help me.
Thank You.
Re: 10 Year Route. PLEASE HELP.
Posted: Sun Apr 26, 2015 10:19 am
by vinny
Don't worry.
276A(b)(i) is satisfiable.
10 year long residence
Posted: Tue Aug 25, 2015 4:49 pm
by Ali272
Hi,
I came to the UK in February of 2009 so my ten year will be completed in 2019. I am not sure whether long residence is going to be here in 4 years time so I have couple of questions:
1. Which immigration law or act does long residence belong to? I keep reading different forums and some people say human rights act of 1998, some say EU treaty and some say it just an immigration law.
2. They abolished the 14 year rule in 2012, why they haven't abolished this route? many foreign students come here early on to take advantage of this route. Why they haven't abolished it in the past 5 years? Is there any reason?
3. Do you think they are going to abolish it in this parliament?
Many Thanks
Re: 10 year long residence
Posted: Tue Aug 25, 2015 9:01 pm
by CR001
1. It is under the UK immigration law and can change at any time depending on how the government feel.s
2. 14 years long residence did not require valid visas etc. 10 years long residence does. It might change, it might not change. We don't know and don't have a crystal ball to predict it.
3. See comment in #2 above.
Re: 10 year long residence
Posted: Tue Aug 25, 2015 10:10 pm
by nasirkhan
2) They have extended the period of stay in order to deter people from other countries sneaking in the UK and discourage those continuing their stay here illegally in the hope of getting settled.
3) It is very unlikely that the settlement of immigrants with 10 years legal stay will change. They have gone to extreme lengths to not let people extend their non-immigrant visas to achieve such stay instead of just abolishing or increasing the duration of stay. Just think about it; 10 years is a long time in the life of a person and anyone who spends such a long time in a country visiting outside for just short periods has made the country his home practically. So rest assured; the probability that it is going to change is negligible.
Re: 10 year long residence
Posted: Wed Aug 26, 2015 12:33 am
by secret.simon
Ali272 wrote:1. Which immigration law or act does long residence belong to? I keep reading different forums and some people say human rights act of 1998, some say EU treaty and some say it just an immigration law.
Long residence is granted under
Part 7 of the
Immigration Rules, which are issued under the authority of the
Immigration Act 1971.
As delegated legislation, it can be modified by ministers at any time. Theoretically either of the two Houses can reject the changes, but neither House does that. So, if the ministers change the Rules, they come into force after at least 40 days. So, you will typically have 40 days notice of the change.
Ali272 wrote:2. They abolished the 14 year rule in 2012, why they haven't abolished this route? many foreign students come here early on to take advantage of this route. Why they haven't abolished it in the past 5 years? Is there any reason?
That is a question for the ministers in the Home Office. They certainly have the power to change it. They may also just modify it by adding requirements (such as demonstrating that it would be unreasonable for the applicant to leave the UK) rather than change the number of years that qualify for long residence.
BTW, they did not abolish the 14 year rule, they just increased it to 20 years.
Ali272 wrote:3. Do you think they are going to abolish it in this parliament?
As
CR001 has put it succinctly, we have not got a crystal ball, so we can not give you a definitive answer. I think
nasirkhan is being far too sanguine when he says
nasirkhan wrote:the probability that it is going to change is negligible.
It is likely that there will be changes, as it is far easier to change Immigration Rules than it is to change EEA Regulations. But before making changes, ministers would certainly want to consult lawyers to ensure that such changes do not fall foul of basic legal principles, such as human rights or unreasonableness. So, you would definitely hear of it in the news well before it hits you
Re: 10 Year Route. PLEASE HELP.
Posted: Wed Aug 26, 2015 1:25 pm
by Ali272
Thank you so much to all of you.
Re: 10 year long residence
Posted: Wed Aug 26, 2015 8:53 pm
by Zee ali
secret.simon wrote:Ali272 wrote:1. Which immigration law or act does long residence belong to? I keep reading different forums and some people say human rights act of 1998, some say EU treaty and some say it just an immigration law.
Long residence is granted under
Part 7 of the
Immigration Rules, which are issued under the authority of the
Immigration Act 1971.
As delegated legislation, it can be modified by ministers at any time. Theoretically either of the two Houses can reject the changes, but neither House does that. So, if the ministers change the Rules, they come into force after at least 40 days. So, you will typically have 40 days notice of the change.
Ali272 wrote:2. They abolished the 14 year rule in 2012, why they haven't abolished this route? many foreign students come here early on to take advantage of this route. Why they haven't abolished it in the past 5 years? Is there any reason?
That is a question for the ministers in the Home Office. They certainly have the power to change it. They may also just modify it by adding requirements (such as demonstrating that it would be unreasonable for the applicant to leave the UK) rather than change the number of years that qualify for long residence.
BTW, they did not abolish the 14 year rule, they just increased it to 20 years.
Ali272 wrote:3. Do you think they are going to abolish it in this parliament?
As
CR001 has put it succinctly, we have not got a crystal ball, so we can not give you a definitive answer. I think
nasirkhan is being far too sanguine when he says
nasirkhan wrote:the probability that it is going to change is negligible.
It is likely that there will be changes, as it is far easier to change Immigration Rules than it is to change EEA Regulations. But before making changes, ministers would certainly want to consult lawyers to ensure that such changes do not fall foul of basic legal principles, such as human rights or unreasonableness. So, you would definitely hear of it in the news well before it hits you
BTW, they did not abolish the 14 year rule, they just increased it to 20 years.
@Secret.Simon i dont agree with your above statement. They in fact abolish 14 years rule. When that rule was in place people got ILR after 14 years.
But in new rule after 20 years they give u 2.5 years visa initially than 3 more 2.5 years extension than ILR.